required to be made by way of furnishing
a Bank Guarantee in a specific formant but was also required to be
accompanied with ... Supreme Court was whether furnishing of a Bank Guarantee in the
specific format prescribed in the bid documents was an essential
condition or not? Having
Limited
(h) Ex.PW1/8 & Ex.PW1/9 - The Guarantee Agreement
(i) Ex.PW1/10 - Document showing purchase of Maruti Alto ... that the
defendant No.1 was granted loan on the specific guarantee of defendant
No.2. The defendant No.1 duly availed the benefit
available, he may have not gone into the
issue at benchmarking of guarantee. However, that does not preclude the TPO
to examine the benchmarking ... assessee is correct to the extent that in specific circumstances, the
value of guarantee can be taken as nil. Such a case would arise
Shareholders corporate guarantee- Rs
13,86,30,000.
Ground specific to TP adjustment for purchase of GPC
2. Determination of Arm's Length Price ... guarantee of the
Appellant.
16. Discriminating the US WOS by determining
the ALP for shareholder corporate guarantee
vis-a-vis similar shareholder corporate
guarantee provided
guarantee. The person in whose favour the
guarantee is furnished by the bank cannot be prevented by
way of an injunction in enforcing the guarantee ... principal agreement without referring to any specific clause in
the preamble of the deed of guarantee does not make the
guarantee furnished by the bank
above project milestones
shall lead to revocation of the Specific Performance Bond
Bank Guarantee.
The period ... exclusivity shall start from the date of
issue of Specific Performance Bank Guarantee. The
project milestones as mentioned above shall be on year
to year
bank
guarantee can be termed as property and whether the revocation of
the bank guarantee without informing it, in violation of the specific
condition ... guarantee is taken by exercising the option given under the said
agreement and when there is a clause in the bank guarantee to the
specific
benefit JVC. Indeed, in spite of a
specific requirement that the bank guarantee should be
submitted in the prescribed format, JVC claims an
entitlement ... 2017]
by which the condition of submitting the bank guarantee in favour
of specific authority can be relaxed.
If the amended bank guarantee, submitted
Bank guarantee becomes due on the
happening of a contingency on the occurrence of which
the guarantee becomes enforceable.
11. Guarantee has been defined in Halsbury ... bank guarantee is an
independent contract between the guarantor Bank and the
guarantee appellant. The guarantee is unconditional. No
doubt, the performance guarantee is against
with Indian subsidiary (FGI)] based
27
on MoU and Corporate Guarantee, there cannot be a single arbitral tribunal
for "International Commercial Arbitration ... concession is against the provisions and specific mandate of legislature and
cannot be accepted.
38. The Corporate Guarantee dated 17.03.2012 was executed by the
foreign